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(영문) 서울동부지방법원 2017.11.02 2017가합101438
선거무효확인
Text

1. The plaintiff A's lawsuit shall be dismissed.

2. The plaintiff B's claim is dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

The defendant is a member trade organization belonging to D organizations, and an incorporated association established in combination between C (hereinafter referred to as the " Incorporated Association") and E Federation for the purpose of disseminating scam and supporting and fostering scam and its affiliated organizations.

On March 11, 2016, the integrated inaugural general meeting was held in the process of the defendant's establishment, and the above general meeting delegated matters concerning the election of the president and executive officers to the Integrated Reserve Committee.

Accordingly, on March 11, 2016, the Integrated Preparation Committee delegated the authority to appoint the president and directors to appoint the president and directors as the president of the defendant. On March 17, 2016, the above Preliminary Committee announced that the appointment of the president of the defendant, the fourteen directors, and two auditors was made.

On July 7, 2016, the defendant held a temporary general meeting of delegates and additionally appointed one vice-chairperson and two directors while the 17 representatives attend the meeting.

On August 8, 2016, the Defendant Council enacted a provision on the election of the Chairperson (hereinafter referred to as “Defendant Election Management Regulations”) in accordance with the recommendation of the Chairperson Election Regulations of D Organizations (hereinafter referred to as “Defendant Election Management Regulations”) and consented to the organization of the election commission.

On August 21, 2016, the Defendant Election Commission held an election for which the Chairperson is elected (hereinafter referred to as “instant election”) in accordance with the Defendant Election Management Regulations, and G was elected as the Chairperson in the said election.

Article 5 (Organization) (1) An organization in the Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, a Do, and a Special Self-Governing Province (hereinafter referred to as "City/Do member organization") may join the organization as a member after resolution by the general meeting of representatives

Article 7 (Composition and Functions of Representatives and General Meetings) (1) Representatives of the Association shall be the heads of City/Do member organizations under Article 5 (1).

(2) A general meeting shall be comprised of representatives referred to in Article 7 (1).

(3) The general meeting of the Association shall resolve the following matters:

3. Matters concerning the election and dismissal of Association's officers. Article 8 (Regular and Extraordinary General Meetings) (6) Where an agent is designated under paragraph (5), three days from the general meeting;

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